Ohio universities review race-based scholarships after affirmative action ruled unconstitutional
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COLUMBUS, Ohio (WCMH) – Ohio’s universities are heeding a warning from the state attorney general: Change your race-based scholarships, or face legal and – potentially significant – financial consequences.
Several universities, including two of the state’s largest public universities, are evaluating scholarships that use race as a criteria in light of the U.S. Supreme Court’s decision last year striking down race-conscious school admissions practices. With Free Application for Federal Student Aid (FAFSA) and enrollment decision deadlines approaching, schools are pausing scholarship awards and updating eligibility language to comply with the recent change in the law.
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The Supreme Court’s June ruling in Harvard v. Students for Fair Admissions rendered any use of race in admissions processes unconstitutional, upending decades of precedent that allowed institutions of higher education to craft diversity-oriented admissions policies. The day after the ruling, Ohio Attorney General Dave Yost sent a letter to Ohio’s universities warning of the “dangers” of ignoring the court’s decision, including lawsuits and the potential loss of federal funding for violating Title VI.
“Institutions of higher education may not evade Harvard with subterfuge,” Yost wrote. “The majority opinion expressly holds that disguised race-conscious admissions policies are race-conscious admissions all the same.”
In a call with universities in late January, the state’s top lawyer clarified that the court’s ruling likely also applied to scholarship awards, a spokesperson for Yost’s office said.
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Ohio University announced last week that it is reviewing a “small but important subset” of scholarship awards that may need language updates to remove references to race – with permission from the donors who established them. While Dan Pittman, a spokesperson for the university, said after the announcement it was “premature” to say how many awards could be affected, on Monday evening, administrators told the university’s faculty senate that 130 scholarships remained under review.
“These 130 gift agreements are estimated to represent approximately $450,000 in potential scholarship awards, which would be less than one percent of the University’s $400 million in total scholarships that support OHIO students each year,” Pittman said in an email Tuesday evening.
Miami University and the University of Cincinnati did not respond to multiple requests for comment.
A spokesperson for Kent State University did not say whether scholarships were under review, but said the university was “continuing to review the potential impact of the Supreme Court’s Harvard ruling and guidance from the state of Ohio.” Cleveland State University, meanwhile, said it was reviewing a “vast number of scholarships and endowments” to ensure compliance with the Supreme Court ruling.
Ben Johnson, spokesperson for Ohio State, said the university – Ohio’s largest, with more than 65,000 students – is also reviewing scholarships and updating language to comply with the Supreme Court ruling. It’s too soon to say how many scholarships will be affected, Johnson said, but noted the university plans to give out about $448 million in awards through June.
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Ohio State’s Morrill Scholarship Program is the university’s “premier diversity/merit scholarship program,” according to the program’s page on Ohio State’s website. It gives four-year scholarships, ranging from full tuition to the cost of attendance, to incoming freshmen who “contribute to campus diversity” and are committed to fostering inclusion and social justice on campus.
The Morrill Scholarship is currently available, Johnson noted, and Ohio State “remains committed to the program going forward.”
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